- Количество слайдов: 25
Age of Consent State Laws, the Legal System and Kids
MA Laws & Juveniles • The Juveniles Record Act (2010) was amended in 2011 to allow expanding public access to juvenile court records. • The law allows limited access to court information (to local police and social service agencies) on juveniles found guilty of violent crimes - and other felonies, under certain circumstances - after the case is closed. • 2013 MA State Supreme Court ruled: • Life without the chance for parole for juveniles is unconstitutional.
Terms Defined • Age of Minority - In the United States as of 1995, minor is legally defined as a person under the age of 18, although 21 with the context of alcohol; people under the age of 21 may be referred to as "minors". Child Labor / employment requirements • Not all minors are considered "juveniles" in terms of criminal responsibility. • • Emancipation of minors: laws that specify when and under what conditions children become independent of their parents for important legal purposes. Laws by States: https: //www. law. cornell. edu/wex/table_emancipation • Sexual Assault - unwanted and offensive sexual touching
Adam Walsh Child Protection and Safety Act 2007 (G. Bush) The Acts provisions fall into four categories: A Federal revised sex offender registration system, Amended / expanded child and sex criminal procedures Increased kidnapping incarceration rates to 25 yrs. Increased incarceration to 30 years for sex with a child under age 12 Child protective grant programs (Police Athletic Youth Grant) Other initiatives designed to prevent and punish sex offenders and those who victimize children and increased penalties for sex trafficking and child prostitution.
Sex Offender Registry Failure to register is a felony Level 1: Non–violent with persons of the age of majority. On registry for a minimum of 15 years with annual verification. Level 2: non-violent but involves minors, must stay registered for no less than 25 years with verification twice a year. Level 3: most serious convicted of violent and non violent acts with minors or adults. Requires registration for life time and verification on a quarterly basis.
Federal Definition of Statutory Rape Federal law makes it illegal to knowingly engage in a sexual act with another person whom is between the age of 12 and 16 if they are at least four years younger. The Federal charge is called Statutory Rape and not knowing the other person’s age is not a defense. Statutory Rape – sexual intercourse with a minor (person incapable of consenting to sex). Force and lack of consent is not necessary for conviction. A defendant can be convicted even if the complainant explicitly consented to sexual contact and no force was used under the law.
Rationale Vs. Reality Age of consent laws are designed to protect teens from adult predators. But, sometimes they can end up punishing kids in non-coercive situations. The penalties for statutory rape vary widely by state, as does the age of consent. California and Florida stipulate the age of 18 is the age of consent, but some like New York and Texas say 17. There additional circumstances to these ages of consent and some have to do with marriage and proximate age of the other person.
Romeo and Juliet Laws • Some states have decided that the way that age of consent laws, and statutory rape charges are enforced and enacted do not make sense. As a result, 12 states currently have "close-in-age, " or "Romeo and Juliet" laws. • These laws ensure a difference in charges and punishment for sex between similar-aged teens, even if one is legally an adult. • Though charges may still come under Romeo and Juliet statutes, they tend to result in shorter terms of incarceration, less post-release supervision, and rarely require sex offender registration, • FYI: A 2009 study conduced by the National Institute of Justice and Rutgers University found that Romeo and Juliet Laws do not actually made a measurable difference in deterring future sex crimes against children.
GENERAL LAWS OF MASSACHUSETTS Chapter 272: Section 4. • Inducing person under 18 to have sexual intercourse. • Whoever induces any person under eighteen of chaste life to have unlawful sexual intercourse shall be punished as provided in the preceding section. • Up to three years in prison or up to two and onehalf years in jail
Connecticut § 53 a-70 (a)(2) § 53 a-71 (a)(1) First-degree sexual assault to have sexual intercourse with a person under age 13 if the actor is more than two years older Second-degree sexual assault to have sexual intercourse with a person between ages 13 and 16 if the actor is more than two years older
New York§§ 130. 25, 130. 30, and 130. 35 • Third-degree rape for anyone age 21 or older to have sexual intercourse with someone under age 17 (up to four years in prison). • Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age 15. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense (Up to seven years in prison). • First-degree rape to have sexual intercourse with someone (1) less than age 11 or (2) less than age 13 if the actor is age 18 or older (Five to 25 years in prison).
MA State Laws & Juveniles MA State Supreme Court Ruled in 2013 that: Life without the possibility of eligibility for parole for juveniles is unconstitutional. The 2010 Juveniles Records Act (2010) was amended to expand access to juvenile court records. The law allows limited access (local police & social service agencies) to court information on juveniles found guilty of violent crimes – and other felonies under certain circumstances – after the classed is closed
Vermont 13 § 325213 § 3253 • Sexual assault to engage in a sexual act with a person under age 16, except where the actors are married and the act is consensual. • Aggravated sexual assault for anyone age 18 or older to engage in a sexual act with someone under age 10. • Up to 20 years in prison • Up to life in prison
Age of Consent Marriage Laws • Many states will waive this requirement if there is a pregnancy, teenage couples may still have to have court approval.
State Legal Age to Marry • Massachusetts: If you are under 18 years old, you will need a court order from either a probate court or district court in the locale where you live in order to apply for a marriage license. • Connecticut: • Under age 18 you need written parental consent. • Under age 16 you need written consent of the judge of probate for the district where the minor teen resides must be obtained.
New York • New York: If you are 16 or 17 years of age, you will need to have a completed parental consent form filled out by both parents. • If you are either 14 or 15 years of age, you will need to show the written consent of both parents and a justice of the Supreme Court or a judge of the local Family Court. • Applicants under 14 years of age cannot marry. • Only one parent's consent will be accepted if one parent is deceased or has been missing for over a year, or if one parent has full custody from a divorce proceeding. Your parents or guardians must give their consent in person before the town or city clerk or some other authorized official. If they are out of state, a notarized affidavit is acceptable but has to be accompanied by a certificate of authentication when the consent is filed in New York State.
Legal Age for Marriage Tennessee: Age of marriage is 16. Under age 16 you must have a waiver from the Juvenile Court. Kansas: The minimum age to get married is 15 in Kansas. Mississippi: If you are under the age of 21, you will need parental consent. If your parents aren't with you when you apply for the license, they will be notified via certified mail. Brides under 15 years old, and males under 17 years old, cannot marry in Mississippi.
Marriage & Pregnancy Laws • Kentucky: If you are 16 or 17 years old, you must have the consent of your parents or legal guardian. • If you are a pregnant minor you may apply to a district court judge for permission to marry without parental consent. If you are under 16, you must get approval to marry from the District Court. • Minors cannot get married in Kentucky if parents or guardians are not residents of Kentucky.
Gay Teens & Age of Consent • These laws impact both gay and straight teens. • Matthew Limon case (Kansas). Limon received a 17 year sentence for having sex with a younger boy. • Due to inequities in the law, this sentence was far longer than it would have been had Limon has sex with an underage girl. • Ultimately, after the famous Lawrence vs. Texas case that decriminalized sodomy, Kansas and other states struck down laws that punished underage sex more severely if it involved "homosexual acts. " Nevertheless, age of consent laws still exist and are still enforced.
• What's permissible in some states means jail time in others, and enforcement is unpredictable. And the age of consent varies considerably from state to state. • In Georgia, a 17 -year-old was sentenced to 10 years in prison for having consensual oral sex with a 15 -year-old, the age of consent is 18. "
Kaitlyn Hunt Case 2013 http: //www. nydailynews. com/news/national/kaitlyn-hunt-jailed-underaged-sex-dating-older-woman-article-1. 1615514# https: //www. youtube. com/watch? v=d. Zsg. EFQ 51 XE “I was never educated on dating laws and ages and stuff so I still was confused about everything” https: //www. youtube. com/watch? v=9 fdinj 0 J-jg
Hunt follow up • October 2014 • • Took Plea Deal 4 months in jail 2 years house arrest 3 years probation
Sex in the States http: //www. sexetc. org/state/MA/ • Do I have the right to learn about sexuality, HIV/AIDS and other STDs at my school in Massachusetts? What is the age of a minor in Massachusetts? What is the age of consent in Massachusetts? What are my rights as a gay, lesbian, bisexual, transgender, or questioning (GLBTQ) teen in Massachusetts? What are my rights to HIV and STD testing, including confidentiality in Massachusetts? Can I buy condoms in Massachusetts? How? What are my rights to birth control in Massachusetts? Can I get emergency contraception (aka, "EC" or the "morning-after pill") in Massachusetts? How can I get a pregnancy test in Massachusetts? What are my rights to abortion in Massachusetts?